New York

Two Percent: The “Margin of Litigation”


The Pittsburgh Post-Gazette reported today that county election officials in Pennsylvania are ready for Florida-style recounts. A new state law signed last month triggers an automatic recount if the victory margin is under 0.5%, or 25,000-28,000 votes. On the other hand, Ohio Secretary of State Kenneth Blackwell has coined the phrase “margin of litigation,” suggesting that partisans in any swing state will try to take any win of less than 2% into the courts.

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